Re: OT: Only in America

On Aug 22, 5:48 pm, Briarroot <wood...@xxxxxxxx> wrote:
Steven Fowler wrote:
On Aug 22, 5:46 am, Briarroot <wood...@xxxxxxxx> wrote:

Tort reform? Gee, whiz! Here, I thought it was just a lame attempt
at humor. I wonder how many lawmakers read UseNet? Though those
stories may have been phony, there certainly *are* many thousands of
frivolous lawsuits filed each year, and who do you think ultimately
pays the costs? (Hint: it ain't the corporations or their insurance
companies!)

If legitimate/illegitimate claims against insurance companies and
corporations don't cost them any money, as you claim, why do they even
care? Why do they retain the top lawyers in the country? Why do
they dispute any of these claims? They just pass all the costs to
customers, right?

Competition. A large financial judgment against one company only
effects *that* company. If the cost of every litigation were spread
equally among all the companies in the insurance industry, they
wouldn't be so interested in defending themselves. The bottom line is
we consumers pay the costs of lawsuits, whether they are just or
unjust and whether they succeed or fail.

But, the cost of every litigation is NOT spread over the entire
industry, so your point is moot. The company's profits are effected
causing increased rates for people insured by THAT company. But, they
can then take their business to another company who has not made that
serious negligent decision.

Why do we even have a civil justice system? Let's
just abolish it. I want to hear your reaction when someone you love
and are close to suffers from medical malpractice that destroys or
ends their life and then you witness their legal team's modes
operandi. Your little winks may be different, old pal. ;-)

Huh? Surely you aren't trying to say that grief over the loss of a
loved one can be assuaged by Big Bucks! Is it justice you want? How
about we cut off the fingers of surgeons who make mistakes on the
operating table? Would that be suitable?

The preceding thoughts are so out of my realm of consciousness that I
don't know how to respond. All I can say, if something like this
happened to your loved one due to negligence or failing to follow
prescribed medical protocol, you might need money for a variety of
reasons that I'm sure you can imagine.


Mistakes happen. Nobody's perfect; not your doctors and not your
lawyers and "malpractice" is just the legal definition of
imperfection. I'm in favor of punishing willful misconduct, but
trying to Get Rich Quick by taking advantage of every mistake ever
made by a professional is flat out wrong. Most of these lawsuits are
simply a naked grab for money, lots of money; they aren't attempts to
right wrongs! How many destitute individuals or bankrupt corporations
are being sued? Damned few! Trial lawyers know that it's futile to
sue unless the defendant has "deep pockets." It ain't about justice!

A little definition: Medical malpractice does NOT include mistakes,
little or big. I'll say it another way, a mistake made by a doctor or
health care professional that causes death, loss of function,
suffering, etc. is NOT malpractice, at least not in Georgia where my
family experienced it. It involves gross negligence or not following
established medical protocol resulting in death, loss of function,
suffering, etc.

.

Relevant Pages

  • Re: OT: Only in America
    ... They just pass all the costs to ... If the cost of every litigation were spread equally among all the companies in the insurance industry, they wouldn't be so interested in defending themselves. ... The bottom line is we consumers pay the costs of lawsuits, whether they are just or unjust and whether they succeed or fail. ... How about we cut off the fingers of surgeons who make mistakes on the operating table? ...
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  • Re: OT: Only in America
    ... frivolous lawsuits filed each year, and who do you think ultimately ... They just pass all the costs to ... Medical malpractice does NOT include mistakes, ...
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